How Appealing

Thursday, May 18, 2006

In Friday's edition of The New York Times: Tomorrow's newspaper will contain an article headlined "U.S. Indictment for Big Law Firm in Class Actions."

And Neil A. Lewis will report that "Federal Judge Dismisses Lawsuit by Man Held in Terror Program."
Posted at 11:20 PM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Justice Roberts Shows Lighter Side"; "Government Condition Barred on AIDS Funds" (my earlier coverage is here); and "Senate Takes Up New Media Shield Law."
Posted at 11:10 PM by Howard Bashman

"Milberg Firm, Two Name Partners Indicted": Justin Scheck of The Recorder provides this news update. Both the indictment and a press release that the U.S. Attorney for the Central District of California issued are available online.

Also online is a web site called Milberg Weiss Justice, which the law firm plans to use to "communicating the truth about the [federal government's] accusations and about how this unjust investigation only helps corrupt corporations escape accountability."
Posted at 08:25 PM by Howard Bashman

White House announces two federal appellate court nominees: As anticipated, Law Professor Kimberly A. Moore has been nominated to serve on the U.S. Court of Appeals for the Federal Circuit.

And U.S. Magistrate Judge Bobby E. Shepherd of the Western District of Arkansas has been nominated for the U.S. Court of Appeals for the Eighth Circuit.

The official nomination announcement can be accessed here.
Posted at 08:04 PM by Howard Bashman

"Scalia: Keep Foreign Law Out of Decisions." The Associated Press provides this report.
Posted at 06:05 PM by Howard Bashman

"Milberg Weiss, Two Partners Are Indicted Over Client Payments": Bloomberg News provides this report.
Posted at 05:35 PM by Howard Bashman

Divided three-judge Second Circuit panel rejects homeless man's vagueness and overbreadth challenge to New York City regulation that prohibits leaving boxes and erecting obstructions in public spaces: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:00 PM by Howard Bashman

"Kentucky Governor's Pardon Deemed Valid": The Associated Press provides a report that begins, "The Kentucky Supreme Court on Thursday invalidated a string of indictments charging members of Gov. Ernie Fletcher's administration with rewarding political supporters with state jobs, leaving only the misdemeanor counts against the governor himself."

In other coverage, The Louisville Courier-Journal provides a news update headlined "Supreme Court rules out new indictments of those pardoned." And The Lexington Herald-Leader provides a news update headlined "Supreme Court backs pardon power."

You can access today's ruling of the Supreme Court of Kentucky at this link.
Posted at 04:54 PM by Howard Bashman

"Scalia Tells Congress to Stay Out of High Court Business; Justice speaks out against proposed legislation on invoking foreign law in Supreme Court constitutional decisions":'s Tony Mauro provides this news update.
Posted at 04:40 PM by Howard Bashman

"Bush OKs Commission for Rehnquist Bust": The Associated Press provides a report that begins, "President Bush on Thursday authorized the commission of a marble bust of the late-Chief Justice William H. Rehnquist that will be placed in the Supreme Court building."

And the White House today issued this related news release. The text of the Joint Resolution passed by Congress is available at this link.
Posted at 04:24 PM by Howard Bashman

"Prosecutors Seek Charges vs. N.Y. Law Firm": The Associated Press provides this report.

Update: Justin Scheck provides an update at The Recorder's "Legal Pad" blog.
Posted at 03:55 PM by Howard Bashman

"Massachusetts court strikes a blow to tobacco defense": The AP provides a report that begins, "The state's highest court on Thursday rejected one of the tobacco industry's most successful defenses in wrongful death lawsuits, ruling the companies cannot shield themselves from liability simply by claiming that smokers should know cigarettes are dangerous." You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 03:30 PM by Howard Bashman

"Supreme Court: OK to give drug suspect laxative." The Associated Press provides a report from Wisconsin that begins, "Police were within their rights when they forced a drug suspect to drink a laxative in hopes of recovering a bag of heroin he had swallowed, the state Supreme Court ruled Thursday." You can access today's ruling of the Supreme Court of Wisconsin at this link.
Posted at 03:28 PM by Howard Bashman

"Court reverses punitive damages award in tobacco case; The Oregon Court of Appeals affirms one award but splits and voids a $100 million judgment": This article appears today in The Oregonian. My earlier coverage is here.
Posted at 03:15 PM by Howard Bashman

"Police Search May Divide Supreme Court": Gina Holland of The Associated Press provides a report that begins, "Supreme Court justices sparred Thursday over police searches in a case that could signal a change in direction for the court after the arrival of two new conservative members."

Today the U.S. Supreme Court heard reargument in Hudson v. Michigan, No. 04-1360. The case was originally argued before the Court on January 9, 2006, and you can access here the transcript of that oral argument.
Posted at 03:00 PM by Howard Bashman

What privacy interest, if any, does an unauthorized driver have in a rental car? Today a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion addressing this issue, as to which other federal appellate courts have divided.
Posted at 01:00 PM by Howard Bashman

"Milberg Weiss indictment expected Thursday-WSJ": Reuters provides this report. And's "Law Blog" has a post stating that the indictment could be announced at 12:15 p.m. pacific time today.
Posted at 12:25 PM by Howard Bashman

"Feingold, Specter Clash Over Gay Marriage": The Associated Press provides a report that begins, "A Senate committee approved a constitutional amendment banning same-sex marriage Thursday, after a shouting match that ended when one Democrat strode out and the Republican chairman bid him 'good riddance.'"
Posted at 11:54 AM by Howard Bashman

"DKT argues that requiring it to adopt and to certify that it has a policy explicitly opposing prostitution and sex trafficking as a condition of entering into an agreement (or sub-agreement) with USAID to receive funding for its HIV/AIDS prevention work constitutes viewpoint-based restriction on speech." Today, the U.S. District Court for the District of Columbia agreed with DKT's argument and issued an opinion holding that "defendant USAID is permanently ENJOINED from (1) requiring DKT to have a policy explicitly opposing prostitution and sex trafficking under 42 U.S.C. ยง 7631(f); and (2) requiring DKT to certify that it has a policy explicitly opposing prostitution under AAPD 05-04."
Posted at 11:50 AM by Howard Bashman

"Panel says judge's ethics case not handled properly; 9th Circuit chief failed to appoint a committee": This article appears in the current issue of The National Law Journal.

I also discuss the matter in the current installment of my "On Appeal" column for
Posted at 11:08 AM by Howard Bashman

In today's edition of The Salt Lake Tribune: An article reports that "Wildlife ballot rules upheld; Appeals court says two-thirds majority vote passes muster." My earlier coverage appears here.

And in other news, "Couple sue to resume their use of peyote."
Posted at 10:25 AM by Howard Bashman

Available today from National Review Online: John J. Miller has an interesting essay entitled "I Want My SCTV: Hey justices, it's time for your close-up."

And Hadley Arkes has an essay entitled "Playing Well With Others? The chief justice makes you do a double-take."
Posted at 10:18 AM by Howard Bashman

"Sex offender must tell date's parents; Appeals court upholds unusual order to Sussex teenager who endangered his half-sister": This article appeared yesterday in The Newark Star-Ledger. You can access Tuesday's ruling of the Superior Court of New Jersey, Appellate Division, at this link.
Posted at 09:05 AM by Howard Bashman

The deadline for entries in the contest to award an advance reading copy of "Anonymous Lawyer: A Novel" is 5 p.m. eastern time today: Thanks to those who have already submitted entries. For those who have not yet submitted entries, the deadline is 5 p.m. eastern time today. Last weekend, my wife read the book from cover to cover in almost no time and said it was very entertaining and a real page-turner. Details on the contest, and how to enter, can be found at this link.

The winner of the contest will receive a copy of the book now, far in advance of the book's official release date of July 25, 2006.
Posted at 08:55 AM by Howard Bashman

Ninth Circuit nominee Sandra Segal Ikuta is on the agenda for a vote at today's executive business meeting of the Senate Judiciary Committee: You can view the full agenda at this link. The nominee's resume can be accessed here. The Alliance for Justice has issued a report on the nominee that includes an interesting evaluation of the cert. pool memos she wrote while clerking for Justice Sandra Day O'Connor.
Posted at 08:50 AM by Howard Bashman

"Allen and Warner want Virginian to replace Luttig; Separately, ex-head of Va. police group says N.C. judge bad choice": The Richmond Times-Dispatch contains this article today.
Posted at 08:40 AM by Howard Bashman

"Jurors in Enron Trial Begin Deliberations": This article appears today in The New York Times.

The Washington Post reports today that "Enron Trial Is In Jury's Hands; After Four Months, Deliberations Begin."

The Los Angeles Times reports that "Jurors Begin Deliberating Enron Case."

USA Today reports that "Prosecutor boils Enron case down to truth vs. lies."

In The Houston Chronicle, Mary Flood has a front page article headlined "Now it's up to the jury; Observers praise final arguments, say outcome rests on the believability of Lay and Skilling." And an article reports that "Attorneys put on a good show in closing act; But only the jury knows whose argument was the most persuasive."

Finally, from National Public Radio, yesterday's broadcast of "Day to Day" contained an audio segment entitled "Enron Trial Jurors Hold Fate of Lay, Skilling." And yesterday's broadcast of "Talk of the Nation" contained an audio segment entitled "Enron Trial in Jury's Hands" featuring Mary Flood. RealPlayer is required to launch these audio segments.
Posted at 07:50 AM by Howard Bashman

"ACLU to sue after community rejects unmarried pair; Black Jack, Mo., declines to change zoning law": USA Today contains this article today.

And The St. Louis Post-Dispatch reports today that "No evictions are planned in Black Jack," while yesterday's newspaper reported that "Unwed couple with kids lose vote."
Posted at 07:45 AM by Howard Bashman

"Billionaire's Divorce Deemed No State Secret; The California Supreme Court lets stand a lower court ruling that a politically connected investor can't have his records sealed": This article appears today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Court backs open record in divorce."
Posted at 07:38 AM by Howard Bashman

"Pack Rats: It's not a good idea to start stacking the federal bench." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:30 AM by Howard Bashman

"Muhammad's Metamorphosis Impresses Some Trial Observers": The Washington Post today contains this front page article, along with an article headlined "Jury Sees Car Allegedly Used by Muhammad; Focus Turns to Physical Evidence Said to Link Defendant to 2002 Shootings."

And The Baltimore Sun today reports that "Sniper jurors view Caprice."
Posted at 07:28 AM by Howard Bashman

"Islamic Head Scarves at Issue in Killing of Judge in Turkey": This article appears today in The New York Times.

And The Washington Post reports today that "Judge Killed in Attack On Turkish High Court."
Posted at 07:12 AM by Howard Bashman

"Judges Should Police Themselves": The New York Times today contains an editorial that begins, "Congress is considering a bill to establish an inspector general who would have the power to investigate federal judges."

This week's installment of my "On Appeal" column for is on the same topic, and you can access it at this link.
Posted at 07:10 AM by Howard Bashman

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